e state; extension of competencies of the Constitutional Court; improvement of electoral system (all this influences the form of the state)., the essence of the legal state though it is connected with its form and is even conditioned by it (since division of the power is an important feature of the legal state) , is not reduced only to it. The legal state is not only the structure, but the way of organization of the state, the condition of the state power, the power, and power of the law for all without exception. This is, according to the figurative expression, -is the dream that the laws should rule, instead of persons" .present it is the social condition and the number of political guarantees.
The person - the right - the civil society - the state - Is not only the logic of the subject of the study, but the logic of the law.the constitutional (that is the major) duty of the state is in determination and ensuring rights and freedoms of a person (Article 3 of the Constitution of Ukraine), then why at determination of the legal state it is necessary to take for base not legal status of the person in the state, but accumulation of features of such state? None of them is exhausting: the fact is that the structure of the state, division of the powers is not self-purpose, but only the facility of ensuring of the freedom in the civil society.of the legal state is not the disposable act. Even if it is proclaimed and created it will forfeit its sense in several years if the legislation (gradually) will come in discord with itself and with the fundamentals of the constitutional order, requirements of legality, actions of all state bodies and officials (in the course of time loses its strictness and absoluteness, and the justice is realized not according to the law, but from event to event) .legal state will delete itself if to the process of conservation and existence of law, law and order and legality there did not attach the sovereign power, state bodies, mass media, political and other associations, citizens, whose rights are violated.in some developed states there appear the serious danger of violation of the legal status and condition of legality which already happened at the beginning of the XI century.? The reasons are in the vertical development of the legislation (including the delegated); broad lobbing of doubtful bills, considering their correspondence to the interest of the society, rights and duties of the citizens; growth of administrative staff; the simplified form of justice (confession of the blame in criminal process); appearance of incomprehensible on social-legal results materially-legal institutes (for instance, insurance of legal liability) .need extremely thoughtful attitude to the problem of legality and development of the legal state.these problems are solely actual for our society. In Article 1 of the Constitution of Ukraine it is proclaimed: Ukraine is the sovereign, independent, democratic -social, legal state [10]. This, certainly, is the great achievement in the constitutional development of Ukraine, which provides division of the power; recognition and guarantees of rights and freedoms of a person and a citizen. There has been proclaimed the necessity of creation of institutes of democratic justice. Thereby, there have been pawned the constitutional bases of the civil society, legal state, and therefore there is the possibility for wide scale legislative reforms.realization of the practical subordination of the state is a quite difficult task.of the state and law depend on many factors and components.of problems of legality and state discipline in Ukraine is thought over by the politicians, mass media, the President, all, who are not indifferent to the fate of the native land. According to the world experience the main danger to rights and l freedoms of a person and democracy as a whole comes from executive power (certainly, the legislative power, passing the laws, also joins it)., The main factor in dangering rights and freedoms of a person is the executive power.in the correlation of the law and the state in the civil society still remains subordination of the state to the law and law and order, including rights and freedoms of the members of the society, their associations, steady realization of guarantees of legality of activity of the state bodies and officials, improvement of the justice, functioning of other law-enforcement bodies.connection with socialization of the right in the progress of development of the civil society it also becomes actual the problem of creation and improvement of state social services, called to guarantee the realization of the second generation of the rights of a person and a citizen (social rights) .Creating the conditions, which provide the worthy life and free development of the person, the constitutional duty of the state, recognized in many developed countries, in which the state is not...
